Cannon Ball
Junior Member
Michigan.
Hi.
Hope to find out if I would have a case for breach of agreement (contract.)
Quick recap. Contacted a business regarding an online listing for a Rec. Vehicle (not motorized.) Had a number of contacts with sales rep. with business to finallize an agreement to purchase item. Agreed on price, doc fees, permit, and delivery charges as well as a tentative delivery date pending prep. of vehicle for delivery. Terms were agreed on and Visa number given for deposit to purchase. Paper work was to be completed by sales person and forwarded but due to techical issues at business, paper work was not sent right away. Contacted sales rep. and was informed paper work would be sent out the following morning. Visa deposit for $1000. was put through. That evening the item was sold via on line auction. The business has elected to sell to the online purchaser as they feel that the transaction was fully completed where as my earlier transaction was not. An oral agreement was made to purchase and agreed apon between myself and sales rep. A deposit was collected. Issue was that sales rep. failed to remove from inventory list or from online auction. This resulted in second sale. Would I have a case for breech of contract? The RV was priced substantially lower then other similar items. Could I sue for the difference in market value and agreed purchase price? What about for my time consumed in the initial dealing and follow up to try and resolve the issue.
Thank you for your advice.
Hi.
Hope to find out if I would have a case for breach of agreement (contract.)
Quick recap. Contacted a business regarding an online listing for a Rec. Vehicle (not motorized.) Had a number of contacts with sales rep. with business to finallize an agreement to purchase item. Agreed on price, doc fees, permit, and delivery charges as well as a tentative delivery date pending prep. of vehicle for delivery. Terms were agreed on and Visa number given for deposit to purchase. Paper work was to be completed by sales person and forwarded but due to techical issues at business, paper work was not sent right away. Contacted sales rep. and was informed paper work would be sent out the following morning. Visa deposit for $1000. was put through. That evening the item was sold via on line auction. The business has elected to sell to the online purchaser as they feel that the transaction was fully completed where as my earlier transaction was not. An oral agreement was made to purchase and agreed apon between myself and sales rep. A deposit was collected. Issue was that sales rep. failed to remove from inventory list or from online auction. This resulted in second sale. Would I have a case for breech of contract? The RV was priced substantially lower then other similar items. Could I sue for the difference in market value and agreed purchase price? What about for my time consumed in the initial dealing and follow up to try and resolve the issue.
Thank you for your advice.